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Vineet Nandi (service)     23 February 2023

Gift deed transfer


There is a flat in mumbai in the name of my grandfather and my aunt. My grandfather name is first and my aunt name is second on share certificate as well as on sale deed agreement. My grandfather has done a gift deed of his 50% share of immovable property in my name and it is registered with registrar's office and stamp duty is paid in 2022. The gift deed is with me and not yet submitted to the society for their records. Following are my queries:

1. Can society deny/say no/delay to transfer the said 50% (as per gift deed) to me.
2. After society transfers the said 50% (as per gift deed) to me, whose name will come first and whose name will come second. I mean, my name will come as a first as i am replacing my grandfather share or my aunt name will become first and mine will become second.
3. My aunt wants the whole property. On what grounds she can challenge the gift deed and what are the remedies for that?

Thank you for your time.


 3 Replies

Shashi Dhara   23 February 2023

1)Society cannot delay as per deed they have to accept it 2)you becomes first one .3)she can deny gift and can approach civil court.

Vineet Nandi (service)     23 February 2023

thank you for your answer. 

Also, At the time of making the gift deed and till now my grandfather have not informed my aunt(co-owner) about the gift deed in my name. Was her(aunt) consent required before making the gift deed?

kavksatyanarayana (subregistrar/supdt.(retired))     23 February 2023

Her consent is not necessary for the share of your grandfather.

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